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Included in or out of the Will

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cmiller2

Member
What is the name of your state? Louisiana

My grandmother has 2 children, one son and one daugter.

1. Can she make a Will to leave everything to one daughter?

2. If NO Will is made, is it assumed to be evenly split between both children who would be in charge of the estate?

3. Do both children have to be present before the Will is read upon my grandmother passing on?

Thanks in advance for your time,

Charles
 


ALawyer

Senior Member
In contrast to the other 49 states, Louisiana's jurisprudence is based on the Napoleonic Code of France, rather than the common law of England, so it would take a Louisiana lawyer to answer that question. You may want to look under "State Resources" on FreeAdvice.com and check out the Louisiana law of intestacy if you don't want to consult counsel.

In other states any sane person acting knowingly and free of duress or other improper influence could leave anything or everything to anyone (a relative, a friend, or a stranger) or anything (such as a charity or Governmental unit) he or she chooses in a proper Will.

BUT as for having to be present when "the Will is read", that's hogwash. In many years of experience in several states, not LA however, I have NEVER seen a formal reading of the Will as we have all seen in some movies.

Usually the custodian of the Will is the named executor, or the lawyer who drew the Will. That person typically makes a copy -- being careful NOT to take out any staples -- and then takes the original to the local probate court and files it. Then it becomes a public record. Sometimes copies are sent by the lawyer as a courtesy to those named as beneficiaries in the Will. Those who would have or could have inherited if the Will is not accepted for probate are given notice of the proceedings and an opportunity to object and produce some evidence to the effect that the Will should not be admitted to probate, such as lack of mental capacity, fraud, undue influence, not properly witnessed, etc.
 

cmiller2

Member
Thanks for your reply.

Thanks for your reply. I do understand Louisiana is very weird in this respect.

Thanks again.
 

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